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HomeMy WebLinkAboutNOVEMBER 17, 1980 MINUTES M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 17 November 1980 The INFORMAL BRIEFING SESSION of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., in the Public Utilities' Conference Room at Eleven-Thirty. Council Members Present: John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Absent: Patrick L. Standing ITEM #15863 The City Manager advised Council the Briefing on the City's water sources had been requested by Council. The City Manager introduced the Director of Public Utilities. As Council was aware, Mayor McCoy had already met with the Governor on this matter, and his intentions are to meet again with the Governor to discuss the City's long range plans. - 2- Tbe Director of Public Utilities shared some of his proposals for short range and long range water availability. The legend on the maps indicated the following: Nineteen fresh water sites Red - Virginia Beach fresh water to plant sites being examined Green - Existing fresh water production wells sites White - Proposed desalting plant sites Blue - Other significant existing wells -- test/production Yellow - Existing treatment plants Yellow - Proposed treatment plants - Proposed fresh water production well -- public - Fresh Water production well under construction -- public - Proposed brackish water test and production sites - Fresh water production sites (private) - Existing raw water lines - Proposed raw water lines - Existing treated water lines 20"/larger - Proposed treated water lines 20"/Iarger - Border water level -- proposed impoundments ITEM #15864 Mayor McCoy entertained a motion to permit Council to conduct its EXECUTIVE SESSION to be followed by the INFORMAL SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, or employees of any public body. (Personnel Matters). 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property). 3. Consultation with legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). - 3- Upon motion by Councilman Baum, seconded by Councilman Kitchin, City Council voted to RECESS into EXECUTIVE SESSION and RECONVENE in the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing Councilman Standing entered the meeting at 1:00 p.m. - 4- ITEM #15865 After a sandwich lunch, City Council reconvened in the INFORMAL SESSION at Twelve Forty-Five in the afternoon in the Conference Room in the City Hall Building. ITEM #15866 Mayor McCoy introduced Herbert L. Smith, III, Chairman of the Historical Review Board. Mr. Smith, as Chairman of the Board, read a letter concerning the proposed project to be located on Parcel E of the Rose Hall property, advising Council of the Board's decision that the project was not compatable with the Francis Land House or the aeighboring buildings which had been approved recently. A copy of the letter will be made a part of these proceedings. Mr. Jerry Broadway, Industrial Representative of the Department of Economic Development, appeared before Council concerning this matter. I N F 0 R M A L S E S S I 0 N ITEM #15867 The City Manager advised Council of the request of James 0. Hertz for the expedition of his zoning application. It was the consensus of Council that this matter NOT be expedited. ITEM #15868 Mayor McCoy entertained a motion to permit Council to RECESS into EXECUTIVE SESSION (1:45 p.m.), for the purpose of discussing the followixg: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, or employees of any public body. O?ersonnel Matters). 2. Consultation with legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jursidiction of the public body. (Legal Matters). - 5- Upon motion by Councilman Standing, seconded by Councilman Merrick, City Council voted to RECESS into EXECUTIVE SESSION, at 1:47 p.m. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, IIL Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland - 6- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 2:15 p.m. Council Members Present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitcbin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None INVOCATION: Mr. Nelson M. Smith Pastor Norfolk Highlands Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 7 - ITEM #15869 Councilwoman McClanan introduced Dahlia Freudenberg, a native of Israel, who is visiting with Councilwoman McClanan and her family. M I N U T E S ITEM II-D.1 ITEM #15870 Upon motion by Councilman Holland, seconded by Councilman Ervin, City Council voted to APPROVE a CORRECTION to the Minutes of the Regular Meeting of October 20, 1980: ITEM #15758 - Application of T. M. and Jean T. Malbon for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential District was omitted from the Minutes. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent.- None - 8- ITEM II-D.2 ITEM #15871 Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council APPROVED a CORRECTION to the Minutes of the Regular Meeting of November 10, 1980: ITEM #15834 John A. Baum Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay; None Council Members Absent; None - 9- ITEM II-D.3 ITEM #15872 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council APPROVED the Minutes of the Regular Meeting of 10 November 1980, as CORRECTED. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heiscbober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClana@ Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -10- R E S 0 L U T I 0 N S ITEM II-E.1 ITEM #15973 Upon motion by Councilman Holland, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution declaring Friday, December 26, 1980, and Friday, January 2, 1981, as holidays for the employees of the City of Virginia Beach. Voting: 11-0 Council Members Voting Aye: John A. Baun6 F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -11- At a meeting of the Council of the City of Virginia Beach held on the Seventeenth day of November, 1980, the following Resolution was adopted R E S 0 L U T I 0 N WHEREAS, it is fitting and proper that the citizens and employees of the City of Virginia Beach, Virginia, observe with reverence and appreciation the Holiday Season; and, WHEREAS, in a spirit of generosity, various businesses and organizations within the City will observe Friday, December 26, 1980 and Friday, January 2, 1981, as supplements to the Christmas Day and New Years Day holidays. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to Section 2.1 of the Code of the City of Virginia Beach the City Clerk is directed to enter this Resolution on the Minutes of this day's meeting proclaiming Friday, December 26, 1980 and Friday, January 2, 1981, as holidays for the employees of the City of Virginia Beach. The City Clerk is further directed to forward a copy of this Resolution to the Clerk of the Circuit Court pursuant to Section 17-42(8), Code of Virginia, as amended for his information. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 1980. - 1 2- ITEM II-E.2 ITEM #15874 Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution requesting full funding from the Department of Corrections for a Community Diversion Incentive Act Program within Virginia Beach. Voting: 11-0 Council Members Voting Aye: John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitcbin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -1 3- R E S 0 L U T I 0 N WHEREAS, the Virginia Department of Corrections through the Virginia Community Diversion Incentive Act has monies available to fund programs that deal with adjudicated non-violent offenders, such as pro- viding employment counseling, intensive supervision, and an opportunity for restitution; and, WHEREAS, the City of Virginia Beach has a need to provide these services to convicted felons; and, WHEREAS, there has been strong support and a need for this program expressed by the Judges of the Circuit Court in Virginia Beach. NOW, THEREFORE, BE IT RESOLVED by the City of Virginia Beach, Virginia, that the City Council requests funding from the Department of Corrections for a Community Diversion Incentive Act Program within Virginia Beach; and, FURTHERMORE, BE IT RESOLVED that the City of Virginia Beach hereby establisbes, contingent upon full funding for this program by the Department of Corrections and grant acceptance by City Council, a Community Corrections Resources Board, as required under Section 53-128.19 of the Code of Virginia, and such Board is empowered to conduct (or purchase) diagnostic evaluations and to make recommendations regarding diversion to the Circuit Court Judges based upon a written plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeentb day of November, 1980 - 1 4- ITEM II-E.3 ITEM #15875 Upon motion by Vice Mayor Heischober, seconded by Councilman Merrick, CitY Council voted to DEFER FOR ONE WEEK for further study, the Resolution authorizing the City Manager to enter into an agreement to develop and implement a Deferred Compensation Plan for City Employees. Voting: 11-0 Council Members Voting Aye: John A. Bam, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -1 5- A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO DEVELOP AND IMPLEMENT A DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES WHEREAS, City Council is interested in developing and implementing a Deferred Compensation Plan for City Employees; and, WHEREAS, Stanley E. Clarke and Associates, Inc., Retirement Plan Specialists, have offered to assist the City in developing, implementing and servicing a Deferred Compensation Plan; and, WHEREAS, the entire cost of this Plan will be paid by those Employees who wish to participate on a voluntary basis in the Plan with compensation to the consultant derived from a deduction from any deferrals at a rate of $2.00 per participant per pay period for the first four (4) years of the Plan and $1.62 per pay period thereafter; and, WHEREAS, after the first four (4) years of the Plan, utilization of the Consultant will be determined on a year-to-year basis. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized to enter into an agreement under the above conditions with Stanley E. Clarke and Associates, Inc., to develop, implement and service a Deferred Compensation Plan for City Employees. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 1980. -1 6- ITEM II-E.4 ITEM #15876 Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution requesting the Virginia Department of Highways and Transportation to program and administer a Pavement Marking Demonstrat- ion Project not to exceed $321,906.00 in the City of Virginia Beach to provide "high-type" pavement marking on selected streets. Voting: 11-0 Council Members Voting Aye: John A. Baun1/2 F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 1 7- R E S 0 L U T I 0 N WHEREAS, the United States Department of Transportation Federal Highway Administration, under Title 23 of the U. S. Code in Volume 8, Chapter 2, Section 1, of the Federal-Aid Highway Program Manual offer a Pavement Marking Demonstration Program to improve the pavement marking of all highways and to demonstrate the value of high-type markings for vehicle and pedestrian safety; and, WHEREAS, the City of Virginia Beach has need in upgrading the existing pavement markings and/or applying the high-type marking to streets not yet marked; and, WHEREAS, the City Manager acknowledges and accepts the City's responsibility in the reporting requirements as outlined in the FHWA Federal-Aid Program Manual, Volume 8, Chapter 2, Section 1, dated May 5, 1978; and, WHEREAS, this program is to be administered through the Virginia Department of Highways and Transportation and funded with 100 percent Federal funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the City requests the Virginia Department of Highways and Transportation to program and administer a Pavement Marking Demonstration Project not to exceed $321,906.20 in the City of Virginia Beach to provide "high-type" pavement marking on selected streets as shown on the attached list. (Exhibit "A") Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 1980. cr) -j C, 1-@ % W @-I C3 10 ca -j C, Z, c@ h-, (D0C:0 r@ C, " :3 m I I -- - "" 'r 'inC, c- m ;. in LA U, cr C3 ('3 0 :3 1 11I m 0 @ @'. I " I - CA (nmrr0 -U 00 rrm cr cr cr rr rr rr rm rr rr cr rr rr CT cr"":3w -i 0t c x x x (D (D ti :3 (D C) (n rr cr rru(i er a m m a cr rra m mcr mm aIQ0 -n It c- c- rt . . . . . . . . . . w m -1 M Ln w -i @ 0 to m -i 0 Ln w to0m rr m er m m m " :3 mff m mm rr cr mrr mrm "@ :r :r ::r :r C. 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LswLq tn Ln 14 -t m C-3 0% cn Ln Ln Ln Ln tq Ln Ln Ln Ln Ln0 (D ao0oooooooo -1 - - - - ---- - - - - - - cn > c LM C) a0ooooo00o0 C)N Qoooooooooo 0 C:) - - - - - - - - - - - c) -4 c- (.n L- > C:a :3 n :z > 0 0 co :3 c- 0 m - 0 c- Cn Ln wLi -4 Ln Lq -- - w M to 0 0 aN m C) to 0 0=3 0 L4 - - - - - - - - - - -m -0 @ n CA ti 4n D ko %D aN 'D 'D 'D C- al a%iDti ti 'D ti himC) m CC) 0 00000000 Cn 0 > c-I ti . . . . o CA Ln > 0 CC) w1- to to ti ti mcn vi ti -i to c-)0 > w Ul wbi bi cr 0 =1 10 co -M u W",-WWWWW Iww C') %A CD 1- M I I co I vi L. co E- 0 Ln r- C) cr (u c- V- CITY OF VIRGINIA BEACH PAVEMENT M.ARKIT@G DEI-@O@ISTR"TIO@@ PROGRAM PROJECT PACIFIC AVENUE AND CROSS STREETS ESTI@IATE NE ITEM UNITS EACH LINE ESTITIATE raight Arrows 176 each 46.00 8,096.00 rn Arrows 301 each 51.70 15,561.70 ssage "Only" 152 each 105.00 15.960.00 ssage, "School,, 2 each 162.00 324.00 ssage, "Stop" 84 each 108.74 9,134.16 ne 4 inch Yellow 17,100 lin. ft. .77 13,167.00 e 4 inch White 21,440 lin. ft. .77 16,508.80 e 24 inch Yellow 1,150 lin. ft. 4.25 4,887.50 e 24 inch White 14,073 lin. ft. 4.25 59,810.25 TOTAL $143,449.41 + 10% 4,344.94 TOTAL PAY ESTIMATE 157,794.35 LABOR 6,550.59 TOTAL $164,344.94 - 2 3- C 0 N S E N T A G E N D A ITEM II-F ITEM #15877 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to ADOPT the CONSENT AGENDA by ONE MOTION. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 2 4- ITEM II-F.1 ITEM #15878 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and APPROVE the following Raffle Permits: Raffle Virginia Beach Coaches Association Raffle Virginia Country Music Association, Incorporated Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 2 5- ITEM II-F.2 ITEM #15879 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and APPROVE tbe tax refunds in the amount of $1,059.47. Voting: 11-0 Council Members Voting Aye: John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 26 - AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid rd, Byron E. 80 CD 9534 9/26/80 7 50 r 'A.R. & E.T!, 80 pp 115767 10/7/80 29:19 Ivan D. 80 pp 134175 10/30/80 9.36 ian Investment 78 pp 112408 7/16/80 453.23 n Hotel 79 pp 130311 5/28/80 560.19 Total 1,059.47 tiOV 7 i -.7 This ordinance shall be effective from date of adoption. The 6bove abatement(s) totaling were approved by the Council of the City of Virginia Beach on the-day of Ruth Hodges Smith Approved as t City Clerk n, City Attorney - 2 7- ITEM II-F.3 ITEM #15880 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance to amend and reordain Section 22-68 of the Code of the City of Virginia Beach relating to mposition Of License Tax. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 2 8- AN ORDINANCE TO AMEND AND REORDAIN SECTION 22-68 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO IMPOSLTION OF LICENSE TAX BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 22-68 of the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 22-68. Imposition of License Tax. There is hereby imposed a license tax of Fifteen Dollars ($15.00), per year for each license year as provided in this Article "pen-every to be paid by the owner, upon each motor vehicle designed and used for the transportation of passengers, which shall include every vehicle which is self-propelled or designed for self- propulsion, regularly kept in the City and used upon the public roadways of the City, except as herein otherwise specifically provided. No license fee shall be required ef--any-persen for any vehicle not required to obtain an annual registration certificate and license by by Code of Virginia, Section 46.1-45 et seq., or any vehicle specifically exempt by Code of Virginia, Section 46.1-66. The license tax for motorcycles shall be Three Dollars ($3.00) per year for each license year as provided in this Article. The annual license tax on a eper-at-.ien utility, boat or camping trailer, which is normally pulled or tewed by a passenger car or station wagon, or a pick-up or panel truck, and which has a gross vehiele weight Ret-emeeed+rtg-E4ve of six thousand five hundred (6,500) pounds, or less is Three Dollars and Fifty-Cents ($3.50). Nothing in this paragraph shall be construed as applying to the-fees-i&r trailers or semitrailers designed for use as living quarters for human beings or to tlt&ee trailers or semitrailers operated under lease or rental agreement or operated for compensation. 11/17/80 - 2 9- The license tax for a trailer or semi-trailer designed for use as living quarters for human beings, which is normally towed behind a passenger vebicle or pick-up truck, is Fifteen Dollars ($15.00). There is hereby imposed a license tax, to be paid by the owner, ef-a4:4: upon each motor vehicle not designed and used for the transportation of passengers, whether operated under lease or rental agreement or not, and whether operated for compensation or not. T-h-is The amount of license tax shall be determined by the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded to the maximum capacity for which it is registered and licensed, by the State according to the following schedule: -ia- re ti et e red - a rtd- 1 4 ee iteed 7 --lit -fte -eveft t - a he II - t ite - + leeat e - r eq ti-ireel -till4e r Pounds Fee 4;-990 6,500 or less . . . . . . . . . . . . $15.00 4rg94: 6,501 - 16,000 . . . . . . . . . . . $20.00 16,001 - 17,000 . . . . . . . . . . . . . . $20,80 17,001 - 18.000 . . . . . . . . . . . . . . $22.10 18,001 - 19,000 . . . . . . . . . . . . . . $23.40 19,001 - 20,000 . . . . . . . . . . . . . . $24.70 20,001 - 21,000 . . . . . . . . . . . . . . $26.00 21,001 - 22,000 . . . . . . . . . . . . . . $27,30 22,001 - 23,000 . . . . . . . . . . . . . . $28.60 23,001 - 24,000 . . . . . . . . . . . . . . $29.90 24,001 - 25,000 . . . . . . . . . . . . . . $31.20 25,001 - 26,000 . . . . . . . . . . . . . . $32.50 26,001 - 27,000 . . . . . . . . . . . . . . $33.80 27,001 - 28,000 . . . . . . . . . . . . . . $35.10 28,001 - 29,000 . . . . . . . . . . . . . . $36.40 29,001 - 30,000 . . . . . . . . . . . . . . $37.70 30,001 - 31,000 . . . . . . . . . . . . . . $39.00 31,001 - 32,000 . . . . . . . . . . . . . . $40.30 32,001 - 33,000 . . . . . . . . . . . . . . $41.60 33,001 - 34,000 . . . . . . . . . . . . . . $42.90 34,001 - 35,000 . . . . . . . . . . . . . . $44.20 35,001 - 36,000 . . . . . . . . . . . . . . $45.50 36, 00 1 - 3 7, 000 . . . . . . . . . . . . . . $ 4 6. 80 37,001 - 38,000 . . . . . . . . . . . . . . $48.10 38,001 - 39,000 . . . . . . . . . . . . . . $49.40 39,001 - 40,000 . . . . . . . . . . . . . . $50.70 40,001 - 41,000 . . . . . . . . . . . . . . $52.00 41,001 - 42,000 . . . . . . . . . . . . . . $53.30 4 2, 00 I - 4 3, 00 0 . . . . . . . . . . . . . . $ 54. 60 - 30 - 4 3, 0 0 1 - 4 4, 000 . . . . . . . . . . . . . . $ 55. 90 44, 00 1 - 45, 000 . . . . . . . . . . . . . . $ 5 7. 20 45, 00 I - 4 6, 0 00 . . . . . . . . . . . . . . $ 5 8. 50 46,001 - 47,000 . . . . . . . . . . . . . . $59.80 47,001 - 48,000 . . . . . . . . . . . . . . $61.10 48,001 - 49,000 . . . . . . . . . . . . . . $62.40 49,001 - 50,000 . . . . . . . . . . . . . . $63.70 50,001 - 51,000 . . . . . . . . . . . . . . $65.00 51,001 - 52,000 . . . . . . . . . . . . . . $66.30 52,001 - 53,000 . . . . . . . . . . . . . . $67.60 53,001 - 54,000 . . . . . . . . . . . . . . $68.90 54,001 - 55,000 . . . . . . . . . . . . . . $70.20 55,001 - 56,000 . . . . . . . . . . . . . . $71.50 56,001 - 56,800 . . . . . . . . . . . . . . $72.80 56,801 and over . . . . . . . . . . . . . . $75.00 The tax amounts shown in this schedule are based upon, and do not exceed the fees cbarged by the State for corresponding weight groups set forth in Code of Virginia, Section 46.1-154. Each trailer or semitrailer used in combination with a truck or tractor, and weigbing more than 6,500 pounds gross shall be licensed separately. The license tax for such trailer os $22.00 (Code of Virginia, Section 46.1-157). The provisions of this Section shall not be construed to apply to any motor vehicle or trailer or combination thereof which is exempt from licensing under general law. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 1980. - 31- ITEM II-F.4 ITEM #15881 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance to accept a Grant totaling $20,000 from Federal Aid to Public Libraries and to appropriate these funds. Voting: 11-0 Council Members Voting Aye: John A. Baun4 F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClana@ Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 3 2- AN ORDINANCE TO ACCEPT A GRANT TOTALING $20,000 FROM FEDERAL AID TO PUBLIC LIBRARIES AND TO APPROPRIATE THESE FUNDS WHEREAS, City Council is interested in enhancing the quality of service provided by our Public Library; and, WHEREAS, a Grant of $20,000 from Federal Aid to Public Libraries is available for this purpose; and, WHEREAS, no local funds are required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds from tbe above Grant be accepted and $20,000 be appropriated to the Department of Public Libraries Technical Services Division for the FY 1981 Operating Budget as follows: Personal Services $10,120 Contractual Services 9,880 Total $20,000 Be it further ordained that Estimated Revenues from the Federal Government be increased by $20,000 to finance the appropriation. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach on the Seventeenth day of November, 1980. FIRST READING: 10 November 1980 SECOND READING: 17 November 1980 - 3 3- ITEM II-F.5 ITEM #15882 Upon motion by Councilman Standing, seconded by Councilwoman Oberndarf, City Council voted to uphold tbe recommendation of the City Manager and ADOPT ON SECOND READING the ordinance to amend Section 33-7.6 of the Code of the City of Virginia Beach relating to penalties for the failure to pay taxes due under a Land Use Plan. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 34- AN ORDINANCE TO AMEND SECTION 33-7.6 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO PENALTIES FOR THE FAILURE TO PAY TAXES DUE UNDER A LAND USE PLAN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-7.6 of the Code of the City of Virginia Beach is amended and reordained to read as follows: Section 33-7.6 Same-Real Estate Assessor to determine and assess; penalties for failure to pay; penalty where special assessment is delin@uent; liability for material misstatement on application. (a) The Real Estate Assessor shall determine and assess the roll-back tax of the owner of any real estate liable for such taxes, which shall be paid to the Treasurer within (30) days of assessment. Failure of such owner to pay to the Treasurer within thirty (30) days shall cause owner to be liable for an additional penalty of ten (10) percent of the amount of the roll-back tax, which penalty shall be collected as part of the tax. In addition to such penalty there is hereby imposed interest at the rate of one half of one percent (1/2 of 1%) per month on the amount of roll-back tax for each month or fraction thereof during which failure to pay continues. (b) If on December one of any year the taxes for any prior fiscal year on any parcel of real property which has a special assessment as provided for in this Chapter are delinquent, the Treasurer shall forth- with send notice of that fact and the general yrovisions of this Section to the property owner by first class mail. If after sending such notice, such delinquent tax remains unpaid on May one, the Treasurer shall notify the Real Estate Assessor who shall remove such parcel from the land use program. (c) Any person making a material misstatement of fact in any application filed pursuant hereto shall be liable for all taxes, in such amount and at such times as if such property had been assessed on the basis of fair market value as applied to other real estate in the taxing - 3 5- jurisdiction, together with interest and penalties thereof, and he shall be further assessed with an additional penalty of one hundred (100) per- cent of such unpaid taxes. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 1980. This Ordinance shall be effective from date of adoption. Section 58.769.8:1 of the Virginia Code is the source of this Amendment. FIRST READING: 10 November 1980 SECOND READING: 17 November 1980 - 36- P L A N N I N C A G E N D A ITEM II-G.l.a ITEM #15883 Attorney V. A. Etheridge, Jr., appeared in behalf of the applicant. Upon motion by Councilwoman McClanan, seconded by Councilman Merrick, City Council voted to DENY the applications of T. M. AND JEAN T. MALBON for Changes of Zoning, as per the following: Ordinance upon application of T. M. and Jean T. Malbon for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District on certain property located 600 feet South of Dam Neck Road beginning at a point 640 feet more or less East of the intersection of Dam Neck Road and Dwyer Road, running a distance of 2781.28 feet along the Eastern pro- perty line, running a distance of 2120.89 feet along the Southern property line, running a distance of 2386.28 feet along the Western property line and running a distance of 900 feet more or less along the Northern property line. Said parcel contains 77.665 acres. PRINCESS ANNE BOROUGH. Ordinance upon application of T. M. and Jean T. Malbon for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential District on certain property located on the South side of Dam Neck Road beginning at a point 255 feet more or less East of the intersection of Dam Neck Road and Dwyer Road, running a distance of 52.40 feet along the South side of Dam Neck Road, running a distance of 509.49 feet in a Southerly direction, running a distance of 273.91 feet in an Easterly direction, running a distance of 515.58 feet in a Northerly disrection, running a distance of 167.27 feet along the South side of Dam Neck Road, rtmning a distance of 600 feet in a Southerly direction, running a distance of 440 feet in a Westerly direction, running a distance of 460 feet more or less in a Southwesterly direction, running a distance of 100 feet in a Northerly direction, rtmning a distance of 512.49 feet in a Northwesterly direction, running a distance of 130.69 feet along the South side of Dwyer Road, running a distance of 176.76 feet in a Southeasterly direction, running a distance of 269.65 feet in a Northeasterly direction, running a distance of 200.03 feet in an Easterly direction and running a distance of 515.52 feet in a Northerly direction. Said parcel contains 9.114 acres mare or less. PRINCESS ANNE BOROUGH. Votin g 6-5 11/ 1 71 80 - 3 7- Due to the absence of the Deputy Clerk, the roll was called verbally on this item ONLY Voting: 6-5 Council Members Voting Aye: (for denial) Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitcbin, III Reba S. McClanan, Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: John A. Batm, F. Reid Ervin, Clarence A. Holland, Mayor J. Henry McCoy, Jr., and Patrick L. Standing Council Members Absent: None - 3 8- ITEM II-G.2.a ITEM #15884 Mayor McCoy read a letter from R and R Corporation requesting deferral of the applications. Upon motion by Councilman Standing, seconded by Councilman Merrick, City Council voted to DEFER FOR SIXTY (60) DAYS tbe applications of R & R CORPORATION for a Change of Zoning District Classification, as per the Ifollowing: Ordinance upon application of R & R Corporation for a Cbange of Zoning District Classification from AG-2 Agricultural District to B-2 Community-Business District on certain pro- perty located on the South side of Landstown Road beginning at a point 868.56 feet East of Princess Anne Road, running a distance of 1196.36 feet along the South side of Landstown Road, running a distance of 600 feet in a Southerly direction, running a distance of 1100 feet in a Southwesterly direction, running a distance of 1610 feet more or less in Southeasterly direction, running a distance of 460 feet more or less in a Southerly direction, running a distance of 1309.53 feet in a Northwesterly direction, running a distance of 6.81 feet in a Southeasterly direction, running a distance of 228.54 feet along the East side of Princess Anne Road and running a distance of 1337.93 feet along the Western property line. Said parcel contains 34.49 acres. PRINCESS ANNE BOROUGH. Ordinance upon application of R & R Corporation for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community-Business District on certain property located 600 feet South of Landstown Road beginning at a point 998.56 feet East of tbe intersection of Landstown Road and Princess Anne Road, running a distance of 1100 feet along the Northern property line, running a distance of 1620 feet more or less along the Eastern property line and running a distance of 1610 feet more or less along the Western property line. Said parcel contains 18.65 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 - 3 9- Council Members Voting Aye: (for deferral) John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 40- ITEM II-G.2.b ITEM #15885 Upon motion by Councilman Baum, seconded by Councilwoman McClanan, CitY Council voted to DEFER FOR FURTHER STUDY tbe application of the Members of the Planning Commission of the City of Virginia Beach to establish an Historic and Cultural District, as per the following: Ordinance by Motion of the Planning Commission of the City of Virginia Beach to establish an Historic and Cultural District on certain property loca e@d on the East side of Princess Anne Road beginning at a point 1280 feet more or less North of Clebe Road, running a distance of 240 feet more or less along the East side of Princess Anne Road, running a distance of 540 feet in a Northeasterly direction, running a distance of 320 feet in a Southeasterly direction, running a distance of 80 feet more or less in a Northeasterly direction, running a distance of 450 feet more or less in a Southeasterly direction and running a distance of 480 feet more or less in a Westerly direction. Said parcel contains 5.108 acres. PRINCESS ANNE BOROUGH. Voting 11-0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merric@ Meyera E. oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent; None - 41 - ITEM II-G.2.c ITEM #15886 COUNCILMAN HOLLAND LEFT COUNCIL CHAMBERS Mr. B. M. Stanton appeared in behalf of the applicants. Upon motion by Councilwoman McClanan, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of F. WILBUR AND LUCY J. HILDEBRAND for a Conditional Use Permit, as per the following, subject to the conditions outlined in the City Ranager's letter: ORDINANCE UPON APPLICATION OF F. WILBLIR R01180345 AND LUCY J. HILDEBRAND FOR A CONDITIONAL USE PERMIT FOR A CAR WASH BE IT ORDAINED BY TEE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of F. Wilbur and Lucy J. Hildebrand for a Conditional Use Permit for a car wash on certain property locate7d on the East side of Lynnhaven Parkway beginning at a point 1374 feet North of Holland Road, running a distance of 167.28 feet along the East side of Lynnhaven Parkway, running a distance of 421.25 feet along tbe Northern property line, running a distance of 167.13 feet along the Eastern property line and rurming a distance of 405.04 feet along the Southern property line. Said parcel contains 1.584 acres. PRINCESS ANNE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. No water shall be permitted to fall upon or drain across public streets or adjacent properties. 4. The recycling of water in accordance with the City Code. 5. Parking at a ratio of three (3) spaces for each car wash space within the facility. 6. The submission of a revised site plan. 7. Should the on-site drainage associated with this development outfall into the canal located to the Southeast, appropriate permits from the Army Corps of Engineers may be required. 8. No dredging, filling, bulkheading or other waterfront-related activities will be allowed without the proper permits. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 1980. 4 2- Voting: 10-0 Council Members Voting Aye: John A. Bam% F. Reid Ervin:% Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitcbin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland *COUNCILMAN ERVIN VOICED A VERBAL "AYE". - 4 3- ITEM II-G.2.d ITEM #15887 COUNCILMAN HOLLAND RETURNED TO CHAMBERS Attorney James Pickrell appeared in behalf of the applicant. Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of EXXON CORPORATION for a Conditional Use Permit, as per the following, subject to the conditions outlined in the City Manager's letter: AN ORDINANCE UPON APPLICATION OF EXXON R01180346 CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUROMOBILE SERVICE STATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Exxon Corporation for a Conditional Use Permit for an automobile service station on certain property located at the Northeast corner of Holland Road and Shipp's Corner Road, running a distance of 163 feet more or less along the East side of Holland Road, running a distance of 175 feet along the Northern property line, running a distance of 175 feet along the Eastern property line and running a distance of 167.74 feet more or less along the North side of Shipp's Corner Road. Said parcel contains .694 acre. PRINCESS ANNE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Public restrooms are to be provided. 4. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 5. Number, location, and width of curb cuts to be determined at time of site plan review. 6. Additional downstream drainage easements and improvements will be necessary with this development. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beacb, Virginia, on the Seventeenth day of November, 1980. 4 4- Voting: 10 -1 Council Members Voting Aye: John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Votirig Nay: Reba S. McClanan Council Members Absent: None - 4 5- ITEM II-G.2.e ITEM #15888 Mr. Steve Fraiser appeared in behalf of the applicant Upon motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of DAVID R. JOHNSON, ET AL, for a Conditional Use Permit, as per the following, subject to the conditions outlined in the City Manager's letter: AN ORDINANCE UPON APPLIG&TION OF DAVID R. R01180347 JOHNSON, ET AL, FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES BE IT ORDAINED BY TBE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of David R. Johnso@ et al, for a Conditional Use Permit for mini-warehouses on certain property located on the East side of Village Road beginning at a point 60 feet more or less North of Virginia Beach Boulevard, running a distance of 77 feet more or less along the East side of Village Drive, running a distance of 165 feet along the Northern property line, running a distance of 89.75 feet along the Eastern property line, running a distance of 32 feet in a Southwesterly direction, running a distance of 31 feet in a Northerly direction and running a distance of 140 feet in a Westerly direction. Said parcel contains .438 acres. LYNNHAVEN BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. This site will have to cormect to the sewer system of the adjacent apartment complex. If the septic drainfields for the radiator repair shop to the South are located on this property, an alternative means of sewage disposal is required for the repair shop. 3. All lighting is to be directed to the interior of the site and shielded from adjacent properties. 4. A six-foot solid privacy fence shall enclose the storage area. 5. One parking space for each 400 square feet of office area. 6. A 35-foot setback along Village Road. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 1980. 4 6- Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 4 7- S T R E E T C L 0 S U R E S ITEM II-H.3.a ITEM 15889 Attorney V. A. Etheridge, Jr., appeared in behalf of the applicant. Upon motion by Councilman Ervin, seconded by Councilman Standing, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of D. Murray Malbon for the closure of a portion of Wright's Right-Of-Way, in the Lynnhaven Borough. Voting: 11-0 Council Members Voting Aye: Johil A. Bau% F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 4 8- ORDINANCE APPOINTING VIEWERS WHEREAS, D. Murray Malbon has given due and proper notice, in accordance witb the Statutes for such cases made and provided that they will on the 22nd day of September, 1980, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described certain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDALNED by the Council of the City of Virginia Beach, Virginia: THAT C. oral Lambert David M. Grochmal Robert J. Scott ARE HEREBY appointed to view the below described property and report in writing to the Council on or before October 27, 1980, whether in their opinion, any, and if any, what inconvenience would result in the dis- continuing and vacating that certain street located in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a point designated as tbe Northeastern corner of Section A as shown in a plat entitled "A Division of Albert Wright's Estate" which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia BeacN Virginia, in Map Book 13, at Page2; tbence S 7@3'48" W 299.85 feet; thence N 84@38'48" E 2.62 feet; thence 8'5'21" E 301.14 feet; thence S 84@19'4" W 8.15 feet to the point of beginning. The said Wright's Right-Of-Way is erroneously shown on the aforesaid plat as a 15-foot right-of-way when in fact it is 299.85 feet by 2.62 feet by 301.13 feet by 8.15 feet. All the above as shown upon that certain plat entitled, "Closure of Wright's Right-Of-Way and a portion of Jefferson Avenue, and a resubdivision of unnumbered lot and lot 2, Virginia Beach Annex No. 2 (M.B. 13, Pg 24), and Sections A, B, C, and D, A Division of Albert Wright's Estate (M.B. 13, Pg 2), Vacated Wright's Right-of-Way (M.B.13, Pg 2), Portion of Vacated Jefferson Ave. (M.B. 3, Pg 24), Lynnhaven Borough, Virginia Beach, Virginia," which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 4 9- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS WRIGHT'S RIGHT-OF-WAY, LOCATED IN THE BOROUGH SHOWN ON THAT CERTAIN PLAT ENTITLED, "CLOSURE OF WRIGHT'S RIGHT-OF-WAY AND A PORTION OF JEFFERSON AVE., AND A RESUBDIVISION OF UN- NUMBERED LOT AND LOT 2, VIRGINIA BEACH ANNEX NO. 2 (M.B. 3, Pg 24), VACATED WRIGHT'S RIGHT-OF-WAY (M.B. 13, Pg 2), LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 13, AT PAGE 2. WHEREAS, it appearing by affidavit that proper notice has been given to D. Murray Malbon, that it would make application to the Council of the City of Virginia Beach, Virginia, on October 27, 1980, to have the hereinafter described street discontinued, closed, and vacated; and, WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Beginning at a point designated as the Northeastern corner of Section A as shown in a plat entitled "A Division of Albert Wright's Estate" which said plat is recorded in the Clerk's Office of the Circuit Court of tbe City of Virginia Beach, Virginia, in Map Book 13, at Page2; thence S 7'3148" w 299.85 feet; thence N 84@38'48" E 2.62 feet; thence 8*5'21" E 301.14 feet; thence S 84@19'4" W 8.15 feet to the point of beginning. The said Wright's Right-Of-Way is erroneously shown on the aforesaid plat as a 15-foot right-of-way when in fact it is 299.85 feet by 2.62 feet by 301.13 feet by 8.15 feet. Said parcel of land being Wright's Right-Of-Way as indicated on that certain plat entitled "Closure of Wright's Right-Of-Way and a portion of Jefferson Ave., and a resubdivision of unnumbered lot and lot 2, Virginia Beach Annex No. 2 (M.B. 3 pg 24), and Sections A, B, C, and D, A Division of Albert Wright's Estate (M.B. 13, pg 2), Vacated Wright's Right-Of-Way - 50- (M.B. 13 pg 2), and Portion of Vacated Jefferson Ave. (M.B. 3 pg 24), Lynnhaven Borough, Virginia Beach, Virginia," which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 2, and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance and attached plat shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach. SECTION III This Ordinance shall be in effect from the date of its passage. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 1980 - 51 - ITEM II-G.3.b ITEM #15890 Attorney V. A. Etheridge, Jr., appeared in behalf of the applicant. Mr. Wilson Chaplain appeared in opposition to the street closure. Upon motion by Councilman Merrick, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and DENY the application of D. Murray Malbon for the closure of a portion of Jefferson Avenue, in the Lynnbaven Borough. Voting: 10-0 Council Members Voting Aye: (for denial) John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan*, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Clarence A. Holland Council Members Absent: None *COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE". 5 2- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS JEEFERSON AVENUE, LOCATED IN THE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "CLOSURE OF WRIGHT'S RIGHT-OF-WAY AND A PORTION OF JEFFERSON AVE., AND A RESUBDIVISION OF UNNUMBERED LOT AND LOT 2, VIRGINIA BEACH ANNEX NO. 2 (M.B. 3 Pg 24), AND SECTIONS A, B, C, AND D, A DIVISION OF ALBERT WRIGHT'S RIGHT-OF-WAY, (M.B. 13, Pg 2), AND A PORTION OF VACATED JEFFERSON AVE. (M.B 3, pg 24), LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 3, AT PACE 24. WHEREAS, it appearing by affidavit that proper notice has been given by D. Murray Malbon, that it would make application to the Council of the City of Virginia Beach, Virginia, on October 27, 1980, to have the hereinafter described street discontinued, closed, and vacated; and, WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that tbe hereinafter described street be discontinued, closed, and vacated: Beginning at a point where the Easterly side of Jefferson Avenue as shown on a plat entitled "Virginia Beach Annex No. 2" which plat is recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Map Book 3, at Page 24, intersects with the Southerly side of 19th Street; thence S 83@26'11" W 21.90 feet along the Southerly side of 19th Street; thence S 8*5'2i" W 72.29 feet; thence S 6'24'39" E 329.90 feet; thence N 83@35121" E 9.35 feet; thence along a curve to the right (radius: 420 feet) 41.35 feet; thence along a curve to the right (radius: 420 feet), 24.40 feet; thence N 14@40'16" W 33.05 feet; thence N 6@ 24'39" W 218.04 feet to the point of beginning. Said parcel of land being a portion of Jefferson Avenue as indicated on that certain plat entitled "Closure of Wright's Right-Of-Way and a - 5 3- portion of Jefferson Ave., and a resubdivision of unnumbered lot and lot 2, Virginia Beach Annex No. 2 (M.B. 3, Pg 24), and Sections A, B, C, and D, A Division of Albert Wright's Estate (M.B. 13, Pg 2), Vacated Wright's Right-of-Way (M.B. 13, Pg 2), and Portion of Vacated Jefferson Ave. (M.B. 3, Pg 24), Lynnhaven Borough, Virginia Beach, Virginia," which plat is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at page 24, and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance and attacbed plat shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach. SECTION III This Ordinance shall be in effect from the date of its adoption. - 54- ORDINANCE APPOINTING VIEWERS WHEREAS, D. Murray Malbon has given due and proper notice, in accordance with the Statutes for such cases made and provided that they will on the 22nd day of September, 1980, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers, to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with the Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert David M. Grochmal AND Robert J. Scott are hereby appointed to view the below-described property and report in writing to the Council on or before October 27, 1980, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a point where the Easterly side of Jefferson Avenue as shown on a plat entitled "Virginia Beach Annex No. 2" which plat is recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Map Book 3, at Page 24, intersects with the Southerly side of 19th Street; thence S 83@26'11" W 21.90 feet along the Southerly side of 19th Street; thence S 8*5'21" W 72.29 feet; thence S 6'24'39" E 329.90 feet; thence N 83@35'21" E 9.35 feet; thence along a curve to the right (radius: 420 feet) 41.35 feet; thence along a curve to the right (radius: 420 feet), 24.40 feet; thence N 14@40'16" W 33.05 feet; thence N 6' 24'39" W 218.04 feet to the point of beginning. All of the above as shown upon that certain plat entitled, "Closure of Wright's Right-Of-Way and a portion of Jefferson Ave., and a resubdivision of unnumbered lot and lot 2, Virginia Beach Annex No. 2, (M.B. 13 Pg. 24), and Sections A, B, C, and D, A Division of Albert Wright's Estate - 5 5- (M.B. 13, Pg 2), Vacated Wright's Right-Of-Way (M.B. 13, Pg 2), and Portion of Vacated Jefferson Ave. (M.B. 3, Pg 24), Lynnhaven Borough, Virginia Beach, Virginia," which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 11/ 1 7/ 80 - 5 6- 0 F F I C I A L T R A V E L R E G U L A T I 0 N S ITEM II-H.1 ITEM #15891 Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober, City Council voted to ADOPT the revised City Official Travel Regulations. Voting: 11-0 Council Members Voting Aye: Jo]7ai A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, meyera E. oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 5 7- OFFICIAL TRAVEL REGULATIONS PURPOSE Stated herein are the City's policy and the necessary rules and regulations for payment of expenses incurred while City employees, Members of the City Council, and appointees of the City Council are traveling on City business. It is the intent of this Policy to assure fair and equitable treatment to all individuals traveling on City business at City expense. it is the purpose of these regulations to provide a reasonable and systematic means by which the cost of travel may be estimated for budget preparation and controlled for purposes of economy. Should these regulations conflict with travel policy under either partially or fully funded State and/or National Grants, then State or National regulations shall apply. DEFINITIONS A. Authorized Trips - Travel on City business which has been approved by the City Council and/or the City Manager in the budget process or has been given special consideration by the Training Committee. B. Travel Advance - Money given in advance of travel when the estimated expenses are to be more than $50.00. C. Authorized Signature - Those individuals with the authority to permit travel on City business. On official travel forms, author3@-zed signatures include the Department Head or representative or in the case of the Training Com@ittee, the Personnel Director or representative. D. Travel Expense Reimbursement Voucher (D.F. 8-4) - The form prepared by the traveler upon conclusion of the authorized trip for reimbursement of travel expenses. E. Official Mileage Chart (D.F. 55) - The form prepared by the traveler for reimbursement of official travel in personal car. F. Travel Advance Form (D.F. 5-5) - A vendor's invoice prepared by the traveler and indicating the destination, date, and amount needed for travel. C. Traveler - The individual representing the City on an authorized trip. GENERAL POLICY A. Travel on City business includes trips within and outside of the City to conferences, conventions, workshops, seminars, educational and training courses (including those approved by the Training Committee), forums, and other City related business meetings. Justifiable expenses related to such travel are described in Section IV of this regulation. Attendance at an out-of-state conference, etc., by members of the City Council is limited to two members (the Mayor, or his designee and an additional member of Council), unless approved by Council. - 5 8- B. All travel authorizations, advances, and reimbursements shall be made only on the authorization of the City Council, City Manager, or the Department Head or his/her duly authorized representatives. Claims for reimbursement must be presented to the Department of Finance on the standard Travel Expense Reimbursement Voucher properly signed by a person authorized to approve expenditure documents and the traveler. C. Employees authorized to travel may secure an advance of funds to cover the cost of travel. All travel advances should be presented to the Finance Director's office not more than fifteen (15) days or less than seven (7) days before the start of travel in order to allow adequate time for finances. D. It is the responsibility of the traveler to prepare the Travel Expense Reimbursement Voucher for expenses incurred. It is also the traveler's responsibility to file the travel voucher and receipts with the Director of Finance no later than 30 days from the date of returning from the trip. if reimbursement is claimed later than 30 days, it may be dis- allowed, unless previous authorization has been given by the Finance Department, E. Any expense considered excessive will be disallowed. IV. JUSTIFIABLE EXPENSES A. Transportation 1. In general, the City will reimburse for travel t-ke the coach airfare when available or the current mileage rate, not to exceed the cost of coach airfare. 2. Mode of Transportation a. City Vehicles (1) City vehicles should be used whenever pass-i@-le practical for official business. (2) Reimbursements for gasoline, parking, tolls, and justifiable repairs to the City vehicle will be provided if documented with receipts. If possible, gasoline and service should be obtained from the City garage. b. Commercial Aircraft (1) If air travel is feasible, the fare for commercial air transportation on any trip should not exceed the regular tourist fare. (2) If the cost of air travel is paid by the employee, a copy of the paid ticket must be submitted to the Finance Department for reimbursement. (3) The travel agency should bill the City, when possible. C. Private Automobile (1) If other means of transportation are not feasible or the use of a private automobile better serves the City's purposes, tben use of any employee's private automobile may be authorized. - 5 9- (2) For use of his/her private car, the employee will be reimbursed at the current approved maleage rate plus parking and toll fees if documented with receipts. (3) An odometer reading from the beginning to the end of the trip must be shown on the Official Mileage Chart which must also be submitted with the Travel Expense Reimbursement Voucher. 3. Related Transportation Costs a. Taxicabs, public conveyance and limousine fare, in- cluding tips, will be allowed if travel by such means is necessary. All such expenses must be justified and explained in the Travel Expense Reimbursement Voucher. b. Ferry fares, road and bridge tolls, and parking charges are reimbursable items. Receipts should accompany these expenses and are required for any parking expenses. C. If a rental car is necessary, the most economical model should be selected and all receipts should accompany the Travel Expense Reimbursement Voucher. B. in s 1. Expenditures for lodgings must be reasonable. It is recognized that expenditures will vary by geographic locations; the City shall pay the prevailing single room rate per employee at tbe place of lodging. 2. Wben two or more employees of the same sex are attending the same event, the sharing of quarters is encouraged. When quarters are shared, the double room rate will be reimbursed. 3. Hotel accommodations, or other travel expenses, should not be charged directly to the City of Virginia Beach. Instead, the cost of lodging must be substantiated by paid bills for purposes of reimbursement. C. Meals 1. Expenditures for meals must be reasonable. It is recognized that expenditures will vary by geographic locations; however, if the expenditure is considered excessive, the Travel Expense Reimbursement Voucher will be adjusted. 2. The City discourages the practice of requesting reimbursements for noon meals within the City Limits. D. Other Travel Expenses 1. Tips are considered as a proper item of traveling expenses, provided the amounts are in proportion to the services rendered. They should be listed separately on the Travel Expense Reimbursement Voucher. - 60 - 2. For registration fees for conferences, conventions, seminars, banquets, etc., which require payment in advance, a Vendor's Invoice with a proper registration form stating the amount of the fee must be presented to the Finance Department at least aile two weeks in advance of the conference. If possible, upon return from the conference, a receipt for the registration fee should accompany the Travel Expense Reimbursement Voucher. If the registration fees are paid at the conference, then a receipt is required for reimbursement. 3. Long distance telephone or telegraph charges will be reimbursed if related to City business only. The points and parties between when the calls were made or the wires sent must be stated on the voucher together with the reason therefor. In addition, a City of Virginia Beach Long Distance Telephone Memo should be completed for all long distance calls. E. Non-Reimbursable Items 1. Personal expenses, such as: telephone calls, haircuts, valet, laundry, beauty parlor, and room service are not reimbursable. 2. Self entertainment activities such as: paid TV, movies, night clubs, health clubs, dinner theatres, bowling, etc., are not reimbursable. 3. No traveler shall be allowed either mileage or trans- portation expenses when he/she is transported by another traveler who is entitled to mileage or transportation expenses. 4. No travel insurance premiums will be paid by the City. 5. The cost of travelers checks or money orders is not a reimbursable item. 6. Loss of funds or personal belongings while traveling is the responsibility of the employee and will not be re- imbursed. V. PREPARATION OF FORMS Enclosed is a sample of the Travel Expense Reimbursement Voucher and the Official Mileage Chart of the City of Virginia Beach. - 61 - B I D S ITEM II-H.2.a ITEM #15892 The following bids have been received for Fire Station #9 -Kempsville: Beach Building Corporation $734,371.00 L. J. Hoy, Incorporated $739,600.00 Shirley Construction Corporation $744,000.00 J. B. Denny $754,392.00 Bayport Construction Corporation $757,780.00 American Eastern $772,800.00 Commercial Builders, Incorporated $775,000.00 J. W. Creech, Incorporated $775,287.00 Hywoods Construction $777,000-00 Newtown Corporation $779,000.00 Beale Construction Company $782,640.00 Richard Beach $787,032.00 George Jensen, Incorporated $807,352.00 Architectural Estimate - $800,000.00 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of Beach Building Corporation, in the amount of $734,371.00 for the construction of Fire Station #9 - Kempsville; AND, autborized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 1 1-0 Council Members Voting Aye: John A. Baul% F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 6 2- U N F I N I S H E D B U S I N E S S ITEM II-J.1 ITEM #15893 Mr. E. Kennetb Day, Construction Techniques, Inc., appeared before Council and advised that in the event Council does decide to readvertise the Rose Hall property for sale his organization would be very interested in offering a bid or a proposal for the subject property. Attorney Grover C. Wright, Jr., representing Rose Hall Village Associates, appeared in opposition to the recommendation of the Historical Review Board for denial of the sale of subject property. Mr. Lewis Rightmier, Architect, appeared regarding this matter. Upon motion by Councilman Holland, seconded by Councilman Baum, City Council voted to AFFIRM the ACCEPTANCE of the bid of Rose Hall Village Associates, WAIVE the recommendations for denial by the Historical Review Board; AND, authorize a Certificate of Building to be issued to Rose Hall Village Associates for the construction of the Rose Hall property. Voting: 10-1 Council Members Voting Aye: John A. Baun4 F. Reid Ervin, Vice Mayor Harold Heischober, Clarence A. Holland, W. H. Kitcbin, III, Reba S. McClanan@ Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Barbara M. Henley Council Members Absent: None *COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE". - 6 3- ITEM II-J.2 ITEM #15894 The City Clerk advised Council the Abstract of Votes for the November 4, 1980, National Election has been received and will be made a part of these proceedings. ITEM II-J.3 ITEM #15895 Mr. Franklin B. Clark, 768 Westminster Lane, Washington Square, appeared before Council advising the developer of Washington Square was eliminating the service alleys and rear parking pads, and is providing instead parking pads in the front of each unit under construction which is contrary to the existing concept and sales promises made to current residents. It was suggested the Planning Director meet with Mr. Clarke on this matter. N E W B U S I N E S S ITEM II-K.1 ITEM #15896 Councilman Merrick offered the following Ordinance for Council's consideration. AN ORDINANCE TO AMEND SECTION 1503 OF THE COMPREHENSIVE ZONING ORDINANCE RELATING TO HEIGHT REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 1503 of the Comprehensive Zoning Ordinance is amended and reordained to read as follows: Within the C-1, Arts and Conference District, no portion of any building or other structure shall exceed a height of one hundred and seventy (170) feet, above mean sea level. ADOPTED - 64- Councilman Merrick offered the following motion, seconded by Vice Mayor Heischober: "I make a motion to call a Special and Joint Meeting between the City Council and the Planning Commission to consider the Comprehensive Zoning Ordinance and a provision for a height restriction in the C-1 District. "The City Clerk is directed to advertise for a Joint Public Hearing as expediously as possible pursuant to Section 15.1-431 of the Code of Virginia, as amended, and to inform each member of Council and of the Planning Conimission of the scheduled Public Hearing. "The Mayor is requested to so inform the Chairman of the Planning Commission." Attorney Grover C. Wright, Jr., representing the developers of the proposed Pavilion Towers, appeared in opposition to the proposed Ordinance. Captain Jewell, Commanding Officer of NAS Oceana, appeared concerning this matter. Councilwoman Henley suggested an amendment to Councilman Merrick's motion for a height restriction in ALL DISTRICTS. Councilman Merrick and Vice Mayor Heischober accepted this amendment to the MAIN motion. Voting: 7- 3 Council Members Voting Aye: F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Clarence A. Holland, and Mayor J. Henry McCoy, J. Council Members Absent: Patrick L. Standing - 6 5- Tbe AMENDED motion reads as follows: "I make a motion to call a Special and Joint Meeting between the City Council and the Planning Commission to consider the Comprehensive Zoning Ordinance and a provision for a height restriction in ALL DISTRICTS. "The City Clerk is directed to advertise for a Joint Public Hearing as expediously as possible pursuant to Section 15.1-431 of the Code of Virginia, as amended, and to inform each member of Council and of the Planning Commission of the scheduled Public Hearing. "The Mayor is requested to so inform the Chairman of the Planning Commission." ITEM II-K.2 ITEM #15897 Councilwoman Oberndorf expressed her concern for proper representation. She stated action could be taken on this matter at a later date and offered the following Resolution for Council's consideration: R E S 0 L U T I 0 N WHEREAS, Article II, Section 6 of the Constitution of Virginia requires that the General Assembly reapportion the Commonwealth in the year 1981; and, WHEREAS, the 1980 census clearly establishes the population of the City of Virginia Beach, Virginia, to be in excess of 200,000; and, WHEREAS, the Council of the City of Virginia Beach is of the opinion it should be entitled to representation in the Senate of Virginia and in the House of Delegates that solely reflect the viewpoint of the citizens of the City of Virginia Beach. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the General Assembly is hereby requested to evaluate the population census with the view to increasing the representation of the City of Virginia Beach in the House of Delegates and the Senate of Virginia that solely represents the citizens of the City of Virginia Beach in this body. BE IT FURTHER RESOLVED that the City Clerk is directed to transmit a copy of this Resolution to each member of the General Assembly representing the City of Virginia Beach and to such other members of the General Assembly as may serve on a committee charged with the responsibilities of reapportioning under the Constitution of Virginia. ADOPTED It was requested this matter be placed on the Council Agenda of 24 November 1980 for further discussion and vote. - 6 6 - Abs+Lract of Votes cist in til, C-atiFRV/City of Virginia for Electors of President aiid Vice President of the Unitcd States, at tlie @,,eneral electioti held November 4, 1980. THE TABULATION FOR EACH ELECTOR ENTERED IN THIS ELECTION IS AS FOLLOWS: Democratic Party for Electors for Jimmy Carter, President and Walter F. Mondale, Vice President Christopher W. Hutton Muscoe Garnett Robert W. Farmer Elizabeth B. Baskerville William P. Robinson, Sr. Walter D. Southall Donald N. Henry C. Flippo Hicks William N. Paxton, Jr. Robert B. Lambeth, Jr. Annabel C. Jennings James M. Heilman TWENTY-FOUR THOUSAND EIGHT HUNDRED NINETY-FIVE( 24,895 0 Total Votes Rece Total Votes Rcceived Challenged Votes (In Figures) Included in Total Republican Party for Electors for Ronald Reagan, President and George Bush, Vice President Henry Lester Rothfuss Willard 0. Forbes June R. Fiinkhouser John S. Buckley Walter T. Howard R. Howard Mahanes Edward L. Adams, Jr. Marie F. Quinn Louis H. Williams Charles H. Robertson James Michael Shull Kathy W. Cunis FORTY-SEVEN THOUSAND NINE HUNDRED THIRTY-SIX 47,936 0 Total Votes Recei,ed (In Writing) Total Votes Received Challenged Votes (In Figures) Included in Total Independent for Electors for Barry Commoner, President and LaDonna Harris, Vice President LeRoy H. Hubert, Jr. Emagcne S. Carter Don H. Richardson Martha W. McClellan Rebecca W. West Robert C. Campbell Diane E. Faller Manuel Tijerina, Jr. Jeffrey D. Ruggles Allen F. Layman Linda Rood Bowers Deborah Marsh Montgomery SIX HUNDRED NINETY 690 0 Total Votes Received (In Writing) Total Votes Received Challeiiged Votes (In Figures) Included in Total Independent for Electors for John B. Anderson, President and Patrick J. Lucey, Vice President Thomas F. Mainor Mary Garcin Denyes Rose S. Buckley Richard E. Vodra Nina W. Brown William A. Shear Bruce R. Nilsson Gracie L. Humphries Ned M. Grossberg Victoria Daiiiet Craddock Dina Blum West Helen P. Kettler FOUR THOUSAND EIGHT HUNDRED THIRTY 4,830 a Total Votes Received (In Wriiing) Total Votes Received Challenged Votes (in Figures) Included in Total IndependentforElectors for Clifton DeBerry, President and Nlatilde Zimmermann, Vice President Elen Lauper Cleophas C. Hawkins John F. Heniiig Blaine Marcel Coleman Langdon L. Bristol Gayle Lynette Ashby Theresa S. Smith David P. Zillv Zeida K. Nordlinger Hugh Eldridge Brown, Jr. William L. WilliarrTs Mich@. Zarate ONE HUNDRED TWENTY @20 0 I-otal Votes Recci,ed (Lu Writi ng) - - ,. 1-@.,@d L (@n Libertai-ian Party for Flectors for-Ed Clark, President and-David Koch, Vice President SteNvart L. Engel Robert E. Comet Rogcr Lea MacBride Scott R. Bowden Joseph.Mason New@ome Diane E. Harrison- David W. Pendleton Christopher J. Wronsk@ Carolvn ',I. Paulette Michael B. Bodtker Warren W. Woolsey Mary Douglas Godsey SEVE,V HU.VDRED SIXTY-FOUR 764 0 Total Votes Recei,ed (in Writing) Total Votes Rec@i,ed Challc,,g@ Vte@ (In Figures) fricluded in Total We, the unders@qtzed Electoral Board, upon evai@7inatio?? of tlie official records deposited with the Clerk of the Cireiiit Cotirt of [ire election oii.,Vo,@et,7ber 4, 19@@0, (lo lic,ebv ce,litv lizat I/le ab.,,e isa true atiicorreciabsiract oj @'oles cast alsaid electionforElectorsforPresidentand 'icePre.@idtnt. Givelt iinder otir hands tliis th -day of Vovember, 1980. Cliairt7tan ',[,?mber Secretary Se(i-et,,ri,, Flectolul ll()Ord - 6 7- --V!R@,'INIA DE AC H r iii c (;,ii c,r@il Ii ,/@i tll(@lir.@t Tii,,s4,1,it alict, 0 MEMBER HOUSE OF REPRESENTATIVES DISTRICT Number of Challenged Total Votes Vo tes Total Votes Received Received Iiicluded Names of Candidates (In Writing) (In Figures) Iii Total ECIL Y. JENKINS TWO THOUSAND THREE HUNDRED 2,371 0 OBERT W. "BOB" DANIEL, JR. FOUR THOUSAND THREE HUAIDREP 4,362 0 IXTY-TW@ ITE INS OB REGMIER ONE 0 AMES MCCAFFERTY ONE 0 lVe, the iindersigned Electoral Board, lipon e.,Camination qf the Official records deposited ivith the Clerk of e CirCIlit Coitrt of tlle election held Ott Voveinber 19 80 , do ilerebj, certif@ that the above is a te aiid col-reet Abstract of Votes cast ar said electioti ji)l- Ileiyiber of the Hotise of Represepitatil,es iii th,, iigress of ilie ti'77ited Statts. Given under otir hands. this h day of Voi,en?ber, 19 8 0 an illeiiiber cop@, teste.- Sect-et@zr-i, Secreta@. Electoral Board - 6 8- .41SS7'R,.IC'7'OF l@()TL@S ast i@t MEMBER HOUSE OF REPRESENTATIVES DISTRICT Nuinber of Challeiiged Total Votes Votes Total Votes Received Received Inciti(led Names of Candidates (in Writing) (in Figures) In Total r- WTTITITA FIFTY-SIX THOUSAND SIXTY-NINQ 6,069 1 0 KENNETH P. MORRISON F - ( 5 288 a EIGHTY-EIGHT WRITE-INS CHRIST JESUS ONE 0 HENRY HOWELL ONE JOHN D. MOSS ONE 0 KATHRYN MARY WRAY ONE 0 @Ve, the iindersigned Electoral Board, lipon exatnitiation of the official records deposited with tlle Clerk of the Circiiit Coitrt of t;le electioll held oil Voi,ember . 19@O , do hereby certif'v tllat tlie above is a trite aizd cori-ect .4bStraCt Of Votes cast at said electio@i j@)r @llei?zber of the Hotise of Represetitati),es i;i tlie Coiigress of tlie Utiited States. Gii,en tinder ozir liands this (la-v oj@.Vol@einber, 19 ai?.?naii @llel@7ber A copy teste. Secret@ii-i, Secretan,. Electoral B,),rd